Preview
Filing # 195719471 E-Filed 04/08/2024 04:09:02 PM
IN THE CIRCUIT COURT OF THE
EIGHTH JUDICIAL CIRCUIT, IN AND
FOR ALACHUA COUNTY, FLORIDA
CASE NO.:
DIV. NO.:
SAMANTHA RUSSUM,
Plaintiff,
vs.
UNIVERSAL PROPERTY AND CASUALTY
INSURANCE COMPANY,
Defendant.
PLAINTIFF’S NOTICE OF SERVICE OF CORRESPONDENCE
Plaintiff, SAMANTHA RUSSUM, hereby files this Notice of Service of the attached
correspondence to the Defendant.
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished to the Defendant along with the Summons and Complaint.
MORGAN & MORGAN
/s/ Mark G. Kahley
MARK G. KAHLEY, ESQUIRE
FBN: 0048412
76 South Laura Street, Suite 1100
Jacksonville, Florida 32202
Primary email: mkahley@forthepeople.com
Secondary email: bgriffin@forthepeople.com
Telephone: (904) 361-7186
Facsimile: (904) 361-4484
Attorney for Plaintiff
"2024 CA 001182" 195719471 Filed at Alachua County Clerk 04/08/2024 04:09:09 PM EDT
[MORGAN & MORGAN |
FORTHE PEOPLE.COM
April 8, 2024
TO: UNIVERSAL PROPERTY AND CASUALTY
INSURANCE COMPANY
c/o Chief Financial Officer, State of Florida
Division of Legal Services
200 E. Gaines Street
Tallahassee, FL 32314-6200
RE: SAMANTHA RUSSUM V. UNIVERSAL PROPERTY AND CASUALTY
INSURANCE COMPANY
Dear Sir or Madam:
This firm has been retained by the Plaintiff, SAMANTHA RUSSUM, regarding
severe damage to the dwelling located at 16315 NW 206" Drive, High Springs, Florida
32643 and all correspondence should be directed to my attention.
The insured would very much like to repair the dwelling without further delays by
UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY. Accordingly,
please contact me within twenty-one (21) days from the date of this letter to schedule a
joint inspection of the loss.
DEMAND FOR PRESERVATION OF EVIDENCE
Demand is also made that you preserve all documents, tangible things and
electronically stored information potentially relevant to the issues in this insurance loss or
claim. You should anticipate that litigation is imminent and that much of this information
is subject to disclosure or will be responsive to discovery in this matter, even if it is stored
on your current and former computer systems and other media and devices (including
personal digital assistants, voice-messaging systems, online repositories and cell
phones), collectively referred to hereafter as “ESI”. ESI includes not only electronic,
magnetic and optical storage media reasonably accessible to you, but also in areas you
may deem not reasonable accessible. You are obligated to preserve potentially relevant
evidence from both these sources of ESI, even if you do not anticipate producing such
ESI.
ESI hidden system files or metadata, presently located on or contained in a free
standing computer or laptop, or on any part of a server, CPU or digital device that may
contain data storage capabilities including, but not limited to hard disk drives, optical
disk drives, removable media, such as floppy disk drives, CD-ROM and DVD drives, Zip
drives, Jaz drives, Maxtor drives, snap drives or other, similar drives, data processing
cards, computer magnetic tapes, backup tapes, drum and disk storage devices or any
other similar electronic storage media or system of whatever name or description.
Preserve all digital image evidence that may be stored on any type of hardware
used to store or manipulate electronic images, including but not limited to microfilm,
microfiche and their repositories and readers, or design or engineering computer systems
and regardless of any digital image's format, including .jpg, .bmp, or some other advanced
or proprietary form of digital image format, such as CAD layered drawings.
Preserve all existing sources of digital evidence that may not presently be in use
by your company or may have been deleted from your active systems, whether the source
is a backup tape or disk, some other data retention system or some form of disaster
recovery system. Including the imaging of hard drives, please take all reasonable steps
to preserve digital evidence that may have been deleted from your active files and which
may not be readily recoverable from a backup medium, such as metadata.
SUSPENSION OF ROUTINE DESTRUCTION
Demand is also made that you to immediately preserve and hold potentially
relevant ESI, documents and tangible things, and to act diligently and in good faith to
secure this ESI. You are further directed to immediately identify and modify or suspend
features of your information systems and devices that, in routine operation, operate to
cause the loss of potentially relevant ESI. Examples of such features and operations
include:
Purging the contents of email repositories by age, capacity or other criteria;
Using data or media wiping, disposal, erasure or encryption utilities or devices;
Overwriting, erasing, destroying or discarding back up media;
Re-assigning, re-imaging or disposing of systems, servers, devices or media;
Running antivirus or other programs effecting wholesale metadata alteration;
Releasing or purging online storage repositories;
Using metadata stripper utilities;
Disabling server or IM logging; and
Executing drive or file defragmentation or compression programs.
SYSTEMS, LAPTOPS, ONLINE ACCOUNTS AND OTHER ESI VENUES
Although we expect that you will act swiftly to preserve data on office workstations
and servers, your home or portable systems contain potentially relevant data. To the
extent that you have sent or received potentially relevant emails or created or reviewed
potentially relevant documents away from the office, you must preserve the contents of
systems, devices and media used for these purposes (including not only potentially
relevant data from portable and home computers, but also from portable thumb drives,
CD-ROM disks and the user's PDA, smart phone, voice mailbox or other forms of ESI
storage). Similarly, if you used online or browser-based email accounts or services (such
as AOL, Gmail, Yahoo Mail or the like) to send or receive potentially relevant messages
and attachments, the contents of these account mailboxes (including Sent, Deleted, and
Archived Message folders) should be preserved.
Preserve digital evidence that is subject to your control regardless of where else it
May be located on-site at your main offices, within the network infrastructure of your
company or on or in one of your other computer support systems including those at your
subsidiaries, predecessors, successors, assigns, joint venturers, partners, parents,
agents or affiliates (in this country or throughout the world), including but not limited to the
following locations:
a Your LAN and WAN network systems, regardless of methods of
connectivity (e.g., by T1, T3 or optical lines), domains, including PDCs, network OS
(such as Novell, Microsoft, UNIX, Citrix or some other similar type) or protocols, or
your backup and disaster recovery hardware and media, regardless of the physical
location of those electronic storage systems.
b. Your email servers and any repository of your email (including within the
inbox, sent box, deleted box or some similar file of the computers of employees or
management), or in any backup form whatsoever, regardless of whether you use
Microsoft Exchange, Outlook, Outlook Express, Lotus Notes or some combination
of email management software or some alternative commercial or proprietary email
management software.
Cc. Your IS administrative offices, including backup and disaster recovery
restoration repositories, data retention repositories, purge repositories, training
repositories, or libraries of hardcopy materials of any description (regardless of
where located) and online training and operation manuals that have been scanned
to disk.
d Your offsite technical and service bureau support systems, including but not
limited to ASP (application service provider) support, scanning or data conversion
support, offsite data storage or archive support.
e Your web hosting and administration services, including intranet and
extranet sites, regardless of whether they are now publicly posted or exist in English
or some other language.
PAPER PRESERVATION OF ESIIS INADEQUATE
As hard copies do not preserve electronic searchability or metadata, they are not
an adequate substitute for, or cumulative of, electronically stored versions. If information
exists in both electronic and paper forms, you should preserve both forms.
AGENTS, ATTORNEYS, VENDORS AND THIRD PARTIES
Your preservation obligation extends beyond ESI in your care, possession or
custody and includes ESI in the custody of others that is subject to your direction or control.
Accordingly, you must notify any current or former agent, attorney, employee, custodian or
contractor in possession of potentially relevant ESI to preserve such ESI to the full extent
of your obligation to do so, and you must take reasonable steps to secure their compliance.
DO NOT DELAY PRESERVATION
| am available to discuss reasonable preservation steps; however, you should not
defer preservation steps pending such discussions if ESI may be lost or corrupted as a
consequence of delay. Should your failure to preserve potentially relevant evidence result
in the corruption, loss or delay in production of evidence to which we are entitled, such
failure will constitute spoliation of evidence. If the insurance company is found to have
lost or destroyed documents, records or ESI, then we will not hesitate to seek monetary
sanctions and Orders of issue preclusion and terminating sanctions (dismissal of your
pleadings).
We anticipate your prompt response to this letter and | look forward to hearing from
you soon.
Very truly yours,
/s/ Mark G. Kahley
Mark G. Kahley, ESQ.
Preview
Filing # 195719471 E-Filed 04/08/2024 04:09:02 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT, IN AND FOR ALACHUA COUNTY, FLORIDA CASE NO.: DIV. NO.: SAMANTHA RUSSUM, Plaintiff, vs. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. PLAINTIFF’S NOTICE OF SERVICE OF CORRESPONDENCE Plaintiff, SAMANTHA RUSSUM, hereby files this Notice of Service of the attached correspondence to the Defendant. | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to the Defendant along with the Summons and Complaint. MORGAN & MORGAN /s/ Mark G. Kahley MARK G. KAHLEY, ESQUIRE FBN: 0048412 76 South Laura Street, Suite 1100 Jacksonville, Florida 32202 Primary email: mkahley@forthepeople.com Secondary email: bgriffin@forthepeople.com Telephone: (904) 361-7186 Facsimile: (904) 361-4484 Attorney for Plaintiff "2024 CA 001182" 195719471 Filed at Alachua County Clerk 04/08/2024 04:09:09 PM EDT [MORGAN & MORGAN | FORTHE PEOPLE.COM April 8, 2024 TO: UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY c/o Chief Financial Officer, State of Florida Division of Legal Services 200 E. Gaines Street Tallahassee, FL 32314-6200 RE: SAMANTHA RUSSUM V. UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY Dear Sir or Madam: This firm has been retained by the Plaintiff, SAMANTHA RUSSUM, regarding severe damage to the dwelling located at 16315 NW 206" Drive, High Springs, Florida 32643 and all correspondence should be directed to my attention. The insured would very much like to repair the dwelling without further delays by UNIVERSAL PROPERTY AND CASUALTY INSURANCE COMPANY. Accordingly, please contact me within twenty-one (21) days from the date of this letter to schedule a joint inspection of the loss. DEMAND FOR PRESERVATION OF EVIDENCE Demand is also made that you preserve all documents, tangible things and electronically stored information potentially relevant to the issues in this insurance loss or claim. You should anticipate that litigation is imminent and that much of this information is subject to disclosure or will be responsive to discovery in this matter, even if it is stored on your current and former computer systems and other media and devices (including personal digital assistants, voice-messaging systems, online repositories and cell phones), collectively referred to hereafter as “ESI”. ESI includes not only electronic, magnetic and optical storage media reasonably accessible to you, but also in areas you may deem not reasonable accessible. You are obligated to preserve potentially relevant evidence from both these sources of ESI, even if you do not anticipate producing such ESI. ESI hidden system files or metadata, presently located on or contained in a free standing computer or laptop, or on any part of a server, CPU or digital device that may contain data storage capabilities including, but not limited to hard disk drives, optical disk drives, removable media, such as floppy disk drives, CD-ROM and DVD drives, Zip drives, Jaz drives, Maxtor drives, snap drives or other, similar drives, data processing cards, computer magnetic tapes, backup tapes, drum and disk storage devices or any other similar electronic storage media or system of whatever name or description. Preserve all digital image evidence that may be stored on any type of hardware used to store or manipulate electronic images, including but not limited to microfilm, microfiche and their repositories and readers, or design or engineering computer systems and regardless of any digital image's format, including .jpg, .bmp, or some other advanced or proprietary form of digital image format, such as CAD layered drawings. Preserve all existing sources of digital evidence that may not presently be in use by your company or may have been deleted from your active systems, whether the source is a backup tape or disk, some other data retention system or some form of disaster recovery system. Including the imaging of hard drives, please take all reasonable steps to preserve digital evidence that may have been deleted from your active files and which may not be readily recoverable from a backup medium, such as metadata. SUSPENSION OF ROUTINE DESTRUCTION Demand is also made that you to immediately preserve and hold potentially relevant ESI, documents and tangible things, and to act diligently and in good faith to secure this ESI. You are further directed to immediately identify and modify or suspend features of your information systems and devices that, in routine operation, operate to cause the loss of potentially relevant ESI. Examples of such features and operations include: Purging the contents of email repositories by age, capacity or other criteria; Using data or media wiping, disposal, erasure or encryption utilities or devices; Overwriting, erasing, destroying or discarding back up media; Re-assigning, re-imaging or disposing of systems, servers, devices or media; Running antivirus or other programs effecting wholesale metadata alteration; Releasing or purging online storage repositories; Using metadata stripper utilities; Disabling server or IM logging; and Executing drive or file defragmentation or compression programs. SYSTEMS, LAPTOPS, ONLINE ACCOUNTS AND OTHER ESI VENUES Although we expect that you will act swiftly to preserve data on office workstations and servers, your home or portable systems contain potentially relevant data. To the extent that you have sent or received potentially relevant emails or created or reviewed potentially relevant documents away from the office, you must preserve the contents of systems, devices and media used for these purposes (including not only potentially relevant data from portable and home computers, but also from portable thumb drives, CD-ROM disks and the user's PDA, smart phone, voice mailbox or other forms of ESI storage). Similarly, if you used online or browser-based email accounts or services (such as AOL, Gmail, Yahoo Mail or the like) to send or receive potentially relevant messages and attachments, the contents of these account mailboxes (including Sent, Deleted, and Archived Message folders) should be preserved. Preserve digital evidence that is subject to your control regardless of where else it May be located on-site at your main offices, within the network infrastructure of your company or on or in one of your other computer support systems including those at your subsidiaries, predecessors, successors, assigns, joint venturers, partners, parents, agents or affiliates (in this country or throughout the world), including but not limited to the following locations: a Your LAN and WAN network systems, regardless of methods of connectivity (e.g., by T1, T3 or optical lines), domains, including PDCs, network OS (such as Novell, Microsoft, UNIX, Citrix or some other similar type) or protocols, or your backup and disaster recovery hardware and media, regardless of the physical location of those electronic storage systems. b. Your email servers and any repository of your email (including within the inbox, sent box, deleted box or some similar file of the computers of employees or management), or in any backup form whatsoever, regardless of whether you use Microsoft Exchange, Outlook, Outlook Express, Lotus Notes or some combination of email management software or some alternative commercial or proprietary email management software. Cc. Your IS administrative offices, including backup and disaster recovery restoration repositories, data retention repositories, purge repositories, training repositories, or libraries of hardcopy materials of any description (regardless of where located) and online training and operation manuals that have been scanned to disk. d Your offsite technical and service bureau support systems, including but not limited to ASP (application service provider) support, scanning or data conversion support, offsite data storage or archive support. e Your web hosting and administration services, including intranet and extranet sites, regardless of whether they are now publicly posted or exist in English or some other language. PAPER PRESERVATION OF ESIIS INADEQUATE As hard copies do not preserve electronic searchability or metadata, they are not an adequate substitute for, or cumulative of, electronically stored versions. If information exists in both electronic and paper forms, you should preserve both forms. AGENTS, ATTORNEYS, VENDORS AND THIRD PARTIES Your preservation obligation extends beyond ESI in your care, possession or custody and includes ESI in the custody of others that is subject to your direction or control. Accordingly, you must notify any current or former agent, attorney, employee, custodian or contractor in possession of potentially relevant ESI to preserve such ESI to the full extent of your obligation to do so, and you must take reasonable steps to secure their compliance. DO NOT DELAY PRESERVATION | am available to discuss reasonable preservation steps; however, you should not defer preservation steps pending such discussions if ESI may be lost or corrupted as a consequence of delay. Should your failure to preserve potentially relevant evidence result in the corruption, loss or delay in production of evidence to which we are entitled, such failure will constitute spoliation of evidence. If the insurance company is found to have lost or destroyed documents, records or ESI, then we will not hesitate to seek monetary sanctions and Orders of issue preclusion and terminating sanctions (dismissal of your pleadings). We anticipate your prompt response to this letter and | look forward to hearing from you soon. Very truly yours, /s/ Mark G. Kahley Mark G. Kahley, ESQ.